S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10012
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting  the  restriction of anticoagulant pesticide transactions for
   online and retail stores act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "restriction of anticoagulant pesticide transactions for online  and
 retail stores act" or "RAPTORS act".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that it is the policy of this state to ensure that aquatic, terrestrial,
 and avian wildlife species remain a fully functional  component  of  the
 ecosystems  they  inhabit and move through in New York. It is the intent
 of this act to facilitate this goal by prohibiting  the  general  public
 from  purchasing and utilizing the world's deadliest rodenticides, noto-
 riously deployed via helicopter to "restore  the  ecosystem"  of  entire
 rat-infested islands and often killing scores of raptors and other birds
 in the process.
   This legislation also comes in the wake of Flaco's passing. Flaco, the
 Eurasian  eagle-owl  whose  escape from the Central Park Zoo and life on
 the loose captivated New York, had been exposed at the time of his death
 to four of the seven pesticides this bill restricts.    The  legislature
 takes  this  action  to protect all non-target species, not only raptors
 such as eagles, hawks, and owls, but also the thousands of children  and
 pets exposed to anticoagulants that poison control centers receive calls
 for each year.
   §  3. Section 33-1301 of the environmental conservation law is amended
 by adding a new subdivision 14 to read as follows:
   14. A. FOR ANY PERSON WITHIN THE STATE TO SELL, OFFER FOR SALE OR USE,
 DISTRIBUTE, USE, OR DEPLOY ANY PESTICIDE  OR  RODENTICIDE  CONTAINING  A
 RESTRICTED  SGAR  OR FGAR, IN ANY CONCENTRATION, UNLESS SUCH A PURCHASER
 OR USER HAS A VALID PURCHASE PERMIT OR CERTIFICATION IDENTIFICATION CARD
 PURSUANT TO SECTION 33-0903 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15056-04-4
 A. 10012                            2
 
   B. FOR ANY PERSON, INCLUDING BUT NOT LIMITED TO,  CERTIFIED  PESTICIDE
 APPLICATORS  AND GOVERNMENT OFFICIALS, TO USE A PESTICIDE CONTAINING ANY
 RESTRICTED SGAR OR FGAR IN, OR WITHIN FIVE HUNDRED FEET OF,  A  WILDLIFE
 HABITAT AREA. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
 AGRICULTURE  AND MARKETS, MAY PROMULGATE RULES AND REGULATIONS TO PERMIT
 THE USE OF PESTICIDES CONTAINING SGARS OR FGARS BY PESTICIDE APPLICATORS
 CERTIFIED PURSUANT TO SECTION 33-0905 OF THIS ARTICLE WHERE SUCH USE  IS
 NOT  REASONABLY  EXPECTED  TO  RESULT  IN SIGNIFICANT ADVERSE EFFECTS TO
 NON-TARGET WILDLIFE.
   C. FOR THE PURPOSES OF THIS SUBDIVISION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1) "FIRST-GENERATION ANTICOAGULANT RODENTICIDE" OR "FGAR"  MEANS  ANY
 PESTICIDE PRODUCT CONTAINING ANY OF THE FOLLOWING ACTIVE INGREDIENTS:
   (I) DIPHACINONE.
   (II) WARFARIN.
   (III) CHLOROPHACINONE.
   (2)  "SECOND-GENERATION ANTICOAGULANT RODENTICIDE" OR "SGAR" MEANS ANY
 PESTICIDE PRODUCT CONTAINING ANY OF THE FOLLOWING ACTIVE INGREDIENTS:
   (I) BRODIFACOUM.
   (II) BROMADIOLONE.
   (III) DIFENACOUM.
   (IV) DIFETHIALONE.
   (3) "WILDLIFE HABITAT AREA" MEANS ANY PARK, WETLAND,  WETLAND  BUFFER,
 NATURE  RESERVE OR PRESERVE, OR WILDLIFE REFUGE MANAGED BY A STATE AGEN-
 CY, REGIONAL GOVERNMENT, OR QUASI-GOVERNMENT AGENCY,  OR  BY  A  SPECIAL
 DISTRICT.
   (4)  "SIGNIFICANT  ADVERSE EFFECT" MEANS A DIRECT OR INDIRECT ACTIVITY
 THAT NEGATIVELY AFFECTS THE HEALTH OR VIABILITY OF A WILDLIFE POPULATION
 OR THAT DAMAGES OR THREATENS WILDLIFE HABITATS.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.